Banwart v. 50th Street Sports, LLCAnnotate this Case
The Supreme Court reversed the judgment of the district court granting summary judgment for Defendant, a bar, which was sued under Iowa’s dramshop statute after an alleged intoxicated person’s (AIP) vehicle struck the rear end of another vehicle. The driver of the struck vehicle alleged that the bar sold and served alcohol to the AIP when it knew or should have known the AIP was intoxicated or would become intoxicated. In granting summary judgment, the district court concluded that the undisputed evidence of serving three beers over four hours alone cannot create an inference that the bar knew or should have known that the AIP was intoxicated or would become intoxicated. The Supreme Court disagreed, holding that a genuine issue of material fact existed as to whether the bar knew or should have known that the AIP was or would become intoxicated when it served beer to her.